RAMAVTAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed against the order dated 6.10.2001 passed by the Special Judge, Scheduled Castes/ Scheduled Tribes (Prevention of Atrocities) Act Court, Sawai Madhopur whereby the revisional Court has maintained the conviction and sentence of the petitioner under Sec. 304-A I.P.C.

(2.) The short facts of the case are that a complaint has been filed by Bahadur on 31.7.1987 stating therein that his son Dhirendra Singh was working as helper in R.S.E.B. at Sherpur, Ramavtar and Vijay Shanker were feeling jealousy with Dhirendra Singh as he was efficient and they were bent upon to teach him a lesson. On 10.7.1987 at about 8 a.m. when Dhirendra Singh was working at Sherpur on electricity line, the line was being started by Ramavtar and other accused persons. He got the electric shock and died.

(3.) The contention in the complaint is that since the R.S.E.B. has not provided any lock, therefore, in order to create a sort of symbol, a wire has been affixed upon the G.O. switch so that everybody can understand that the electric line has not to be started as some electrician may be doing repair work at the electric pole but on the day of incident when Dhirendra Singh was working on the line, the present petitioner has got started the G.O. switch by Abid Ali, in spite of refusal by Abid Ali. Laddu Gurjar has also told him not to start the electric current in the line. This complaint has been sent for the investigation under Sec. 156(3) and after usual investigation, charge-sheet has been filed against the present petitioner and other co-accused under Sec. 304A Indian Penal Code Charges were framed against the accused persons. The persecution has examined four witnesses in support of its case. The statement of the accused was recorded under Sec. 313, Criminal Procedure Code After conclusion of the trial, the present petitioner has been convicted and sentenced under Sec. 304A for one years' R.I. and a fine of Rs.500.00, in default of payment of fine, to undergo one months' S.I., whereas the other accused Vijay Shankar was acquitted by the trial Court. The appeal has also been dismissed. Hence, this revision petition.